Glen Buckley and Australian small business -V- CASA

[glenb]

Continued from above

APPENDIXTWO- CASA BOARD RESPONSE DATED 03/03/21 TO MY REQUEST FOR A STATEMENT OF REASONS



“Dear Mr Buckley

I refer to your email of 24 February 2021 addressed to the Chair of the CASA Board, Mr Tony Mathews, and to other members of the CASA Board. The Chair has asked me to respond on behalf of him and the other CASA Board members.

In keeping with the advice that has been provided previously in response to your requests of the Board, unless and until you have credible new and relevant evidence and information to offer in respect of your concerns, the Board is not inclined to consider the unsubstantiated allegations you have repeatedly made against CASA and certain individual CASA officials. Neither is the Board inclined to respond to questions clearly premised on the purported validity of claims and assertions of the same nature, regardless of the reasons for which you say you require such responses.

If, in the context of any legal proceedings in which you may be involved, there is a legitimate basis on which information might properly be sought and obtained from the CASA Board, there will be processes and procedures in accordance with which the provision of such information might be required. In this instance, as in any other, should a request or demand for the provision of certain information from CASA (or the CASA Board) be made formally, under the auspices of a judicial authority or as may otherwise be authorised by law, such a request or demand, duly served on CASA, would naturally be considered and dealt with accordingly.

In the meantime, the Board is satisfied that, insofar as CASA’s dealings with you have been concerned, and to the extent the principles of the Regulatory Philosophy have been germane to particular aspects of those dealings, CASA’s actions have been consistent with its commitments under the Regulatory Philosophy, including principle 6. On that basis, the Board is satisfied that, in substance, variants of the six (6) questions raised in your email of 24 February 2021 have previously been considered and effectively addressed by CASA on many occasions.

Responses were provided to your various related and repetitive questions on behalf of the Board previously. CASA’s Industry Complaints Commissioner also addressed your related concerns on occasions.

In addition to the advice offered to you by CASA’s Industry Complaints Commissioner, beyond this, CASA provided responsive information and advice to you on at least eight (8) occasions:

· 23 October 2018

· 21 December 2018

· 25 January 2019

· 12 February 2019

· 20 March 2019

· 24 March 2019

· 2 April 2019 and

· 21 May 2019.

This chronology is illustrative, but by no means exhaustive, of CASA’s repeated efforts to convey to you precisely how and why CASA was not satisfied that your organisation was operating, or contemplated operating, in a manner consistent with the fundamental operational control requirements specified in the legislation for flying training activities under CASR Parts 141 and 142.

Challenging though the effective implementation of an alliance model of the kind you seem to have envisaged might be, recognition of the feasibility of such arrangements was implicit in CASA’s ongoing efforts to advise, guide and assist you to rectify the shortcomings and deficiencies in your attempt to execute your plan.

On this basis, the Board believes the concerns reflected in your questions have been fully and fairly addressed.

Yours sincerely

Colin McLachlan

Colin McLachlan| Board Secretary

Civil Aviation Safety Authority|16 Furzer Street, Philip ACT 2606

GPO Box 2005, Canberra ACT 2601
p [phone] | m0478 302 047 | *[email protected]

www.casa.gov.au